Rapid resolution scheme for babies who incur avoidable harm back in the news

On March 17 we reported that the National Maternity Review had recommended a scheme be developed whereby the NHS offers financial assistance to the families of babies who are injured by avoidable mistakes during childbirth. 

The NHS and government has previously explored and rejected this concept as, although compassionate, too expensive.

Baroness Julia Cumberlege, independent chair of the National Maternity Review, has reported that further discussions have taken place with Sir Cyril Chantler, NHS England and the Department of Health, to move the initiative forward.

In her blog of 3 June Baroness Cumberlege says:

“If we can mirror the Swedish system, we could give parents not only a quicker settlement, compensation to manage their baby’s future, but a degree of peace of mind.  Without denying them their right to go to law if that is their wish.  It will also enable health professionals and the service in general to learn from mistakes quickly and potentially reduce the cost of litigation.”

Richard Money-Kyrle, medical negligence solicitor at Boyes Turner, comments:

“If a scheme can really be developed which provides proper help to families while their injured children are still babies that will be an immeasurable help. At the moment many of our clients live in desperate uncertainty as to whether they will ever have the necessary facilities and support to look after their disabled children. In practical terms a house move and adaptation to allow downstairs living, proper bathing, therapy, feeding and storage facilities is a fundamental necessity to help cope with the needs caused by disability and to plan for the future. Until we have achieved a financial settlement or the NHS Trust has admitted liability for the birth injury the families live without any certainty of being able to create an environment in which proper care can be provided. The National Health Service Litigation Authority (NHSLA) will often not admit that mistakes have caused birth injury even in the most obvious of cases. Baroness Cumberlege seems to be concerned with the damage caused by the delay in the NHSLA accepting, or being forced to accept, responsibility.  If that is right and if a proper scheme can be developed that will be great news.”